Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 5263/2024
Bansal Credits Ltd Vs. Sandeep
11.12.2024
Present: AR of the Complainant in person with Ld. Counsel Sh. Rishabh Gulati.
Sh. Sumit Baluja, Ld. Counsel for the accused with accused.
Matter is at the stage of apperance of accused/ furnishing of bail bonds/
framing of notice.
Vakalatnama has been filed on behalf of the accused. Same be taken on
record.
Since the offence is bailable, the accused is granted bail, subject to
furnishing of bail bonds in the sum of Rs. 50,000/- with one surety in the like amount.
Personal bonds and surety bonds are furnished by the accused. Same are
accepted. Original RC seen and returned. Copy of the same retained on record.
Intimation be sent to transport department.
Notice u/s 251 Cr.P.C has been framed against the accused to which he
pleaded not guilty and claimed trial. Plea of defence has been separately recorded and
explained to the accused. Statement of accused under Section 294 Cr.P.C. also
recorded.
Considering the defence taken by the accused in his statement u/s 251
Cr.P.C, a plausible defence has been taken by the accused for which an opportunity for
cross examination of the complainant is fit to be given to the accused u/s 145(2) NI
Act. Upon oral request of Ld. Counsel for the accused, the filing of application u/s
145(2) NI Act stands dispensed with. This Court further does not deem it
appropriate/desirable to try the case summarily since sentence for imprisonment
exceeding one year may have to be passed, if the trial results in conviction, therefore,
this case would be tried as summons trial case.
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In view of admission/denial of documents under Section 294 Cr. P.C., the
witnesses mentioned in the list of witnesses at serial no. 2 & 3 stand dropped from said
list.
List the matter for CE on 19.03.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
11.12.2024
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